Payment Order in France: a practical guide to recovering commercial debts

Payment orders: a quick solution for recovering commercial debts

When faced with an unpaid debt, time works against the creditor. Every month that passes reduces the chances of successful recovery, exacerbates the cash flow loss and ties up internal resources unproductively. For businesses dealing with unpaid invoices, the order for payment procedure is one of the most effective tools under French law: it is quick, inexpensive and applicable regardless of the amount involved.

Governed by Articles 1405 to 1422 of the Code of Civil Procedure, this procedure allows a creditor to obtain an enforceable order without a hearing or adversarial proceedings, provided the debt is not disputed. In civil matters, there were 418,000 applications in 2024, a 17% increase compared to 2023, and only 2% of the orders issued were contested.

The Decree of 16 February 2026 has significantly amended this procedure, with changes applicable to orders issued from 1 September 2026 onwards. It is essential to familiarise yourself with the new requirements now.

This article details the eligibility criteria, the full procedure, the changes introduced by the 2026 reform, as well as the advantages and limitations to be aware of before embarking on this path.

The key stages of the procedure at a glance

1. Check that the claim meets the legal requirements (contractual or statutory origin, fixed amount).
2. File an application with the competent court, accompanied by supporting documents.
3. Obtain the order for payment, issued by the judge on the basis of the documents submitted.
4. Have the order served on the debtor by a judicial officer within the statutory time limit (currently six months, three months from 1 September 2026).
5. If the debtor does not lodge an objection within one month of personal service, the order becomes an enforceable title permitting enforcement.

Conditions for access to the order for payment procedure

Which claims are eligible for a payment order?

The procedure is available only for certain categories of claims, as defined by Article 1405 of the Code of Civil Procedure. Two scenarios are covered:

• The claim arises from a contract or statutory provision and its amount is fixed. In contractual matters, this is assessed in accordance with the terms of the contract, including any penalty clause.
• The claim arises from a negotiable instrument: acceptance or drawing of a bill of exchange, subscription to a promissory note, endorsement or guarantee of such instruments, or acceptance of an assignment of trade receivables (known as a ‘Dailly’ assignment).

There is no upper limit on the amount for which this procedure may be used. However, claims for damages (where the amount is not contractually determined) or claims arising from tort are excluded.

Which court should be seised for a commercial claim?

Article 1406 of the Code of Civil Procedure allocates jurisdiction according to the nature of the claim. For commercial claims, the application is filed with the President of the Commercial Court (or the Economic Activities Court, depending on the jurisdiction), regardless of the amount. Other claims fall within the jurisdiction of the consumer judge or the President of the Judicial Court.

Territorial jurisdiction is governed by a mandatory rule: the competent court is that of the place where the debtor resides. This rule is a matter of public policy; any contractual clause to the contrary is deemed null and void, and the court must of its own motion declare that it lacks jurisdiction.

Procedural steps: from the application to the enforceable order

Filing the application

The proceedings are initiated by an application, delivered or sent to the registry by the creditor or any representative, in accordance with Article 1407 of the Code of Civil Procedure. In addition to the information required under Article 57 of the same Code, the application must contain: a precise indication of the amount claimed with a detailed breakdown of the components of the debt, the legal basis for the claim, and a list of the supporting documents submitted (invoices, contracts, account statements, formal notices, etc.).

The quality of the application and the attached documents is crucial: the judge rules solely on the basis of the file, without hearing the parties.

The judge’s decision

The judge examines the application and the documents submitted, then issues one of the three decisions provided for in Article 1409 of the Code of Civil Procedure:

• Full acceptance: the judge issues an order for payment of the amount claimed.
• Partial acceptance: the judge awards a lower amount. The creditor may then choose to serve the order for the amount awarded or to withdraw and proceed through the ordinary courts.
• Dismissal: the decision is final for the creditor, who retains the option of bringing standard litigation proceedings (proceedings on the merits or summary proceedings).

Since 1 March 2022, the order is enforceable as soon as it is handed down. The creditor no longer needs to return to the court registry to obtain it, which significantly speeds up the procedure.

Service on the debtor

The order must be served on the debtor by a court officer, in accordance with Article 1411 of the Code of Civil Procedure. Service comprises a certified copy of the application, the list of supporting documents and the order bearing the enforcement clause. The supporting documents are made available to the debtor electronically.

Service is an essential step: it triggers the time limit for opposition, interrupts the limitation period and has the same effect as a summons to appear in court. If service is not effected within 6 months of the order being made, the order is void and can no longer be enforced.

Note: The time limit for service will be reduced to 3 months from 1 September 2026.

The debtor’s opposition

The debtor has one month from the date of personal service to lodge an objection with the registry of the court that issued the order, by declaration against receipt or by registered letter (Article 1416 of the Code of Civil Procedure).

Where service has not been effected in person (delivery to the debtor's home or at the judicial officer's office), the objection remains admissible until the expiry of the one-month period following the first document served in person or the first enforcement measure rendering the debtor’s assets unavailable.

In the event of an objection, the proceedings enter an adversarial phase: the court is seised of the entire dispute and rules on the merits. The judgment rendered replaces the order for payment, in accordance with Article 1420 of the Code of Civil Procedure.

Amendments introduced by the Decree of 16 February 2026

The Decree of 16 February 2026 amends the procedure in several respects, applicable to orders issued from 1 September 2026. These changes concern both civil and commercial matters.

Reduction of the service period from six to three months

The time limit within which the order must be served on the debtor is reduced from six to three months from the date of its issuance. Once this time limit has expired, the order is void. This reduction in the time limit requires the creditor to act more promptly in serving the order.

Abolition of the certificate of non-opposition

The most significant change concerns the abolition of the certificate of non-opposition, which the creditor previously had to request from the court registry. The new Article 1422 of the Code of Civil Procedure now provides that the order becomes enforceable upon the expiry of a two-month period following its service, provided that no notice of opposition has been received by the court registry. In civil matters, the registry notifies the creditor of any opposition within one month of receiving it. If no notice is received within two months of service, the creditor may proceed with enforcement without further formality.

In commercial matters, the procedure is slightly different: the creditor must advance the costs of the proceedings in the event of an objection. It is therefore the request to deposit the costs of the objection that serves as notification of the objection. In the absence of such a request within two months of service, the order becomes enforceable.

New obligation at the opposition hearing

The decree adds a new paragraph to Article 1418 of the Code of Civil Procedure: on pain of inadmissibility, the creditor must produce at the hearing the document serving the order (or, in the absence of personal service, one of the documents referred to in Article 1416, paragraph 2). This requirement is intended to enable the judge to verify the regularity of the proceedings.

No prior attempt at amicable resolution required

The question of the applicability of Article 750-1 of the Code of Civil Procedure — which requires a prior attempt at amicable settlement for claims for payment not exceeding €5,000 — has long given rise to divergent views among the courts of first instance.

The Court of Cassation resolved this uncertainty in an opinion dated 25 September 2025 (No. 25-70.013): the order for payment procedure is not, in either of its two phases, subject to this obligation. The Court bases its position on the exceptional nature of the procedure and the incompatibility of its objectives of speed and the proper administration of justice with the requirement for prior amicable settlement. This solution provides certainty regarding the use of the procedure for small claims, which account for a large proportion of civil claims.

Advantages and limitations of the procedure

The advantages of the order for payment

The order for payment procedure offers several key advantages for the recovery of commercial debts:

• Speed: the order is obtained without a hearing, within a few weeks. In the absence of opposition, the enforceable title is obtained within a total timeframe of less than three months.
• Reduced cost: the procedure is significantly less expensive than proceedings on the merits.
• No upper limit: the procedure is available regardless of the amount of the debt.
• Enforceability upon issuance: since 2022, the order is immediately enforceable, thereby eliminating an administrative step (the application for the enforcement clause).
• No prior attempt at amicable resolution: the opinion of the Court of Cassation of 25 September 2025 confirms this exemption.

Limitations to be anticipated

• Uncontested debt: the procedure is effective only if the debtor does not contest the debt. In the event of an objection, the procedure reverts to standard litigation on the merits, with significantly extended timeframes.
• Service in person: where the order is not served in person, the time limit for opposition remains open until one month after the first document served in person or the first enforcement measure. This situation creates uncertainty for the creditor.
• Tighter time limits under the 2026 reform: the reduction of the service period to three months and the new obligation to produce the notice of service at the hearing require greater procedural vigilance.
• Inapplicability to claims for damages: claims where the amount is not contractually determined are excluded, which directs the creditor towards proceedings on the merits or summary proceedings.

Conclusion: key points to bear in mind

The order for payment procedure remains one of the most effective tools for recovering an uncontested commercial debt. Its speed, low cost and the absence of a prior amicable settlement make it a preferred option, particularly for claims based on clear and documented contracts. However, the amendments introduced by the Decree of 16 February 2026 — notably the reduction of the service period to three months and the new ground for dismissal at the opposition hearing — require the creditor to be scrupulously diligent in monitoring deadlines. A scheduling error or an oversight can jeopardise the entire procedure.

To ensure the successful recovery of your commercial debts, identify the procedure best suited to your situation, or defend your interests in the event of an objection to a payment order, our firm supports businesses at every stage of the recovery process.